Greater London Authority Act 1999

Part I E+W+S The Greater London Authority

The Authority E+W+S

1 The Authority. E+W+S

(1) There shall be an authority for Greater London, to be known as the Greater London Authority.

(2) The Authority shall be a body corporate.

(3) The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.

Membership E+W+S

2 Membership of the Authority and the Assembly. E+W+S

(1) The Authority shall consist of—

(a) the Mayor of London; and

(b) an Assembly for London, to be known as the London Assembly.

(2) The Assembly shall consist of twenty five members, of whom—

(a) fourteen shall be members for Assembly constituencies (constituency members); and

(b) eleven shall be members for the whole of Greater London (London members).

(3) There shall be one constituency member for each Assembly constituency.

(4) The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by the Secretary of State.

(5) Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.

(6) The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for—

(a) the holding of ordinary elections of the Mayor, the constituency members and the London members; and

(b) the filling of vacancies in the office of Mayor or among the constituency members or the London members.

(7) An ordinary election involves the holding of—

(a) an election for the return of the Mayor;

(b) an election for the return of the London members; and

(c) elections for the return of the constituency members.

(8) The term of office of the Mayor and Assembly members returned at an ordinary election shall—

(a) begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and

(b) end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;

but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.

(9) If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.

(10) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.

(11) The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.

Modifications etc. (not altering text)

C1 S. 2(4): power to transfer or modify functions conferred (30.11.2000 for specified purposes otherwise 30.10.2001) by 2000 c. 41, s. 18(3)(c), 163(3) (with s. 156(6)); S.I. 2001/3526, art. 2(c)

Commencement Information

I1 S. 2 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act is in force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 2 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Ordinary elections E+W+S

3 Time of ordinary elections. E+W+S

(1) The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.

(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

(3) Subsection (2) above is subject to any order made by virtue of section 37(2) of the Representation of the M1 People Act 1983 (power by order to fix a day other than the first Thursday in May).

(4) As respects the first ordinary election, the Secretary of State may by order make provision—

(a) modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;

(b) for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the M2 People Act 1983);

(c) for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;

(d) for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.

(5) The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.

(6) In this section prescribed means specified in, or determined in accordance with, an order under this section.

Commencement Information

I2 S. 3 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regard to the powers of a Minister of the Crown to make regulations or an order; s. 3 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

M1 1983 c. 2.

M2 1983 c. 2.

4 Voting at ordinary elections. E+W+S

(1) Each person entitled to vote as an elector at an ordinary election shall have the following votes—

(a) one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;

(b) one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and

(c) one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.

(2) The Mayor shall be returned under the simple majority system, unless there are three or more candidates.

(3) If there are three or more candidates to be the Mayor—

(a) the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and

(b) a voter’s mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter’s first and second preferences from among the candidates.

(4) The Assembly member for an Assembly constituency shall be returned under the simple majority system.

(5) A London vote may be given for—

(a) a registered political party which has submitted a list of candidates to be London members; or

(b) an individual who is a candidate to be a London member.

(6) The London members shall be returned in accordance with Part II of Schedule 2 to this Act.

(7) The persons who are to be returned as—

(a) the Mayor, and

(b) the constituency members,

must be determined before it is determined who are to be returned as the London members.

(8) But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.

(9) At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

(10) If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.

(11) In this Part registered political party means a party registered under the M3 Registration of Political Parties Act 1998.

Modifications etc. (not altering text)

C2 S. 4(5)(a) applied (14.12.1999) by 1983 c. 2, s. 203(1B) (as inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 paras. 1, 39(5) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2)

Marginal Citations

M3 1998 c. 48.

Vacancies in the Assembly E+W+S

5 Resignation. E+W+S

(1) An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.

(2) Any such resignation shall take effect on the officer’s receipt of the notice.

6 Failure to attend meetings. E+W+S

(1) If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.

(2) A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.

(3) For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended—

(a) as a member at a meeting of any committee or sub-committee of the Assembly; or

(b) as a representative of the Assembly or the Authority at a meeting of any body of persons.

(4) A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if—

(a) he is a member of any branch of Her Majesty’s naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or

(b) he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,

and the failure to attend is due to that employment.

[F1 (5) Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).]

Textual Amendments

F1 S. 6(5) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 31; S.I. 2000/3335, art. 2

7 Declaration of vacancy in certain cases. E+W+S

Where an Assembly member—

(a) ceases to be qualified to be a member of the Assembly, or

(b) becomes disqualified from being a member otherwise than—

(i) under the M4 Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the M5 People Act 1983, or

(c) ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare the member’s office to be vacant, unless it has been declared vacant by the High Court.

Marginal Citations

M4 1998 c. 18.

M5 1983 c. 2.

8 Election of member as Mayor. E+W+S

If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise—

(a) if he is a member for an Assembly constituency, in that Assembly constituency; or

(b) if he is a London member, in his office as a London member.

9 Date of casual vacancies. E+W+S

(1) For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be—

(a) in the case of any person being returned—

(i) at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or

(ii) at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,

on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;

(b) in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;

(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(d) in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;

(e) in the case of death, on the date of death;

(f) in the case of disqualification under the M6 Audit Commission Act 1998 or by virtue of a conviction—

(i) on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Act or (as the case may be) that conviction, or

(ii) if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;

(g) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

(h) in the case of a person—

(i) ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or

(ii) ceasing to be an Assembly member by reason of failure to attend meetings,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.

(2) The proper officer of the Authority shall—

(a) give written notice of any casual vacancy among the London members to the Greater London returning officer; and

(b) give public notice of any casual vacancy among the constituency members.

(3) Any public notice under subsection (2)(b) above shall be given—

(a) by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.

Marginal Citations

M6 1998 c. 18.

10 Filling a vacancy in an Assembly constituency. E+W+S

(1) This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.

(2) Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.

(3) At the election to fill the vacancy—

(a) each person entitled to vote at the election shall have a constituency vote; and

(b) the Assembly member for the Assembly constituency shall be returned under the simple majority system.

(4) The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.

(5) The date fixed shall be no later than 35 days after the date of the relevant event.

(6) In subsection (5) above, the relevant event means—

(a) in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.

(7) Section 243(4) of the M7 Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.

(8) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.

(9) This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.

(10) A person may not be a candidate at an election to fill a vacancy if he is—

(a) the Mayor;

(b) an Assembly member; or

(c) a candidate in another such election.

(11) The term of office of the person returned at the election—

(a) shall begin immediately upon his being declared to be returned as the constituency member; and

(b) shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.

Marginal Citations

M7 1972 c. 70.

11 Filling a vacancy among the London members. E+W+S

(1) This section applies where the office of a London member is vacant.

(2) If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.

(3) If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party’s list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.

(4) The person who is to fill the vacancy must be one who—

(a) is included in that list;

(b) is willing to serve as a London member; and

(c) is not a person to whom subsection (5) below applies.

(5) This subsection applies to a person if—

(a) he is not a member of the party; and

(b) the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.

(6) Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.

(7) Where a person’s name has been notified under subsection (3) above, his term of office as a London member—

(a) shall begin on the day on which the notification is received under that subsection, and

(b) shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,

and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.

Vacancy in the office of Mayor E+W+S

12 Resignation. E+W+S

(1) The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.

(2) Any such resignation shall take effect on the officer’s receipt of the notice.

13.— Failure to attend meetings. E+W+S

[F2 (1)] If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.

[F3 (2) Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.]

Textual Amendments

F2 S. 13 renumbered as s. 13(1) (19.12.2000 for E. 19.12.2000 for W.(in relation to police anthorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2

F3 S. 13(2) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2

14 Declaration of vacancy in certain cases. E+W+S

Where the Mayor—

(a) ceases to be qualified to be the Mayor,

(b) becomes disqualified from being the Mayor otherwise than—

(i) under the M8 Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the M9 People Act 1983, or

(c) ceases to be the Mayor by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.

Marginal Citations

M8 1998 c. 18.

M9 1983 c. 2.

15 Date of casual vacancy. E+W+S

(1) Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—

“(h) in the case of a person—

(i) ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or

(ii) ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be.”

(2) If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—

(a) notice of the vacancy to the Greater London returning officer; and

(b) public notice of the vacancy in every Assembly constituency.

(3) Any public notice under subsection (2)(b) above shall be given—

(a) by posting the notice in some conspicuous place or places in each Assembly constituency; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.

16 Filling a vacancy. E+W+S

(1) This section applies where a vacancy occurs in the office of the Mayor.

(2) Subject to subsection (9) below, an election shall be held to fill the vacancy.

(3) At the election, each person entitled to vote as an elector at the election shall have a mayoral vote.

(4) Subsections (2) and (3) of section 4 above and Part I of Schedule 2 to this Act shall apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.

(5) The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.

(6) The date fixed shall be no later than 35 days after the date of the relevant event.

(7) In subsection (6) above, the relevant event means—

(a) in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.

(8) Section 243(4) of the M10 Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.

(9) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.

(10) If—

(a) a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and

(b) that person is returned in both elections, but

(c) the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,

a vacancy shall arise in the Assembly constituency.

(11) The term of office of the person returned as the Mayor at the election—

(a) shall begin immediately upon his being declared to be returned as the Mayor; and

(b) shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.

Marginal Citations

M10 1972 c. 70.

Franchise, conduct of elections etc E+W+S

17 Franchise, conduct of elections etc. E+W+S

Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.

[F4 17A Free delivery of election addresses. E+W+S

(1) Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

(a) prepared by the Greater London returning officer; and

(b) sent by that officer, by post, to each elector in Greater London.

(2) In subsection (1) above elector, in relation to the election mentioned in that subsection—

(a) means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and

(b) includes a person then shown in any such register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

(3) The Secretary of State may by order make such provision as he considers appropriate for and in connection with enabling candidates—

(a) at ordinary elections other than the first such election, or

(b) at elections to fill vacancies in the office of Mayor or Assembly member,

to have their election addresses (within the meaning of the order) delivered, at the Authority’s expense, by the Post Office or by any other means specified in the order.

(4) Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision—

(a) for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;

(b) for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;

(c) for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;

(d) for restricting the number of separate mailings in respect of the free delivery of election addresses, whether—

(i) by limiting the number of separate election addresses by reference to any specified circumstances, or

(ii) by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,

or otherwise;

(e) for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;

(f) for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;

(g) for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.

(5) In subsection (4) above—

• free delivery of election addresses means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority’s expense;

• specified means specified in an order under subsection (3) above.

(6) Before making an order under subsection (3) above the Secretary of State shall consult—

(a) the Mayor and the London Assembly; and

(b) such other persons and bodies as he may determine to be appropriate.

(7) Schedule 3A to this Act (which makes provision supplementing subsection (1) above) shall have effect.]

Textual Amendments

F4 S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)

Modifications etc. (not altering text)

C3 S. 17A(3) amended (16.2.2001) by 2000 c. 41, s. 7(2)(i); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

18 Cost of holding the first ordinary elections. E+W+S

(1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—

(a) is of a kind determined by the Secretary of State; and

(b) is reasonable.

(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.

(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.

(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.

(5) The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

(6) The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.

(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.

(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the M11 People Act 1983.

Marginal Citations

M11 1983 c. 2.

19 Expenditure of Secretary of State in connection with holding the first ordinary election. E+W+S

(1) The Secretary of State may incur expenditure in doing anything which he considers expedient—

(a) in preparation for the holding of the first ordinary election,

(b) for the purpose of facilitating the conduct of the first ordinary election, or

(c) otherwise in connection with the holding of the first ordinary election.

(2) The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.

Qualifications and disqualifications E+W+S

20 Qualification to be the Mayor or an Assembly member. E+W+S

(1) Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.

(2) The person must be—

(a) a Commonwealth citizen;

(b) a citizen of the Republic of Ireland; or

(c) a relevant citizen of the Union.

(3) On the relevant day, the person must have attained the age of 21 years.

(4) The person must satisfy at least one of the following conditions—

(a) on the relevant day he is, and from that day continues to be, a local government elector for Greater London;

(b) he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;

(c) his principal or only place of work during that twelve months has been in Greater London;

(d) he has during the whole of that twelve months resided in Greater London.

(5) This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(6) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

(7) In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person’s name is given under section 11(3) above by the Greater London returning officer.

(8) In this section—

• citizen of the Union shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union);

• relevant citizen of the Union means a citizen of the Union who is not—

  (a)

  a Commonwealth citizen; or

  (b)

  a citizen of the Republic of Ireland;

• the relevant day, in relation to any candidate, means—

  (a)

  the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or

  (b)

  if the election is not preceded by the nomination of candidates, the day of the election.

21 Disqualification from being the Mayor or an Assembly member. E+W+S

(1) A person is disqualified from being elected or being the Mayor or an Assembly member if—

(a) he is a member of staff of the Authority;

(b) he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;

(c) he has been adjudged bankrupt, or made a composition or arrangement with his creditors;

(d) he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e) he is disqualified under—

(i) section 85A or Part III of the Representation of the M12 People Act 1983, or

(ii) section 17 or 18 of the M13 Audit Commission Act 1998,

from being elected or being the Mayor or an Assembly member.

(2) A paid officer of a London borough council who is employed under the direction of—

(a) any of that council’s committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or

(b) a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,

shall be disqualified from being elected or being the Mayor or an Assembly member.

(3) Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease—

(a) unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and

(b) if the bankruptcy order is so annulled, on the date of the annulment.

(4) Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease—

(a) if he pays his debts in full, on the date on which the payment is completed; and

(b) in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(5) For the purposes of subsection (1)(d) above—

(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or

(b) if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,

shall be deemed to be the date of the conviction.

(6) This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(7) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

Commencement Information

I3 S. 21 wholly in force at 14.12.1999: by virtue of s. 425(2) this Act comes into force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 21 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

M12 1983 c. 2.

M13 1998 c. 18.

22 Validity of acts done by unqualified persons. E+W+S

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

23 Proceedings for disqualification. E+W+S

Section 92 of the M14 Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking—

(a) any reference to a member of a local authority as a reference to the Mayor or an Assembly member;

(b) any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and

(c) any reference to meetings of the local authority as a reference to meetings of the Assembly.

Marginal Citations

M14 1972 c. 70.

Salaries, expenses and pensions E+W+S

24 Salaries and expenses. E+W+S

(1) The Authority shall pay to the Mayor and the Assembly members salaries at such levels—

(a) as the Authority from time to time determines; or

(b) before the first determination, as the Secretary of State directs.

(2) The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels—

(a) as the Authority may from time to time determine; or

(b) before the first determination, as the Secretary of State may direct.

(3) A determination or direction under subsection (1) above may provide—

(a) for a higher level of salary to be payable to the Mayor than to any Assembly member;

(b) for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and

(c) for different salaries to be payable to Assembly members holding different such offices.

(4) The offices mentioned in subsection (3)(b) above are—

(a) Deputy Mayor;

(b) Chair of the Assembly.

(5) A determination or direction under subsection (2) above may provide for different allowances for different cases.

(6) A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.

(7) The Authority’s functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(8) The standing orders of the Authority must include provision for the publication of every determination under this section.

(9) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

25 Limit on salaries of members of other public bodies. E+W+S

(1) The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable—

(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House;

(b) under section 1 of the M15 European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); or

(c) in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.

(2) In this section—

• Authority member means—

  (a)

  the Mayor; or

  (b)

  an Assembly member;

• relevant remuneration means—

  (a)

  a salary; or

  (b)

  any allowance of a description specified by order made by the Secretary of State.

(3) The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above—

(a) shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or

(b) shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.

(4) An order under subsection (1) above may make different provision in relation to Authority members—

(a) to whom (apart from the order) different amounts of salary would be payable under section 24 above; or

(b) to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.

(5) Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members—

(a) either indefinitely or for a specified period; and

(b) either unconditionally or subject to the fulfilment of specified conditions.

Commencement Information

I4 S. 25 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 25 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

Marginal Citations

M15 1979 c. 50.

26 Pensions. E+W+S

(1) The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member—

(a) as the Authority may from time to time determine; or

(b) before the first determination, as the Secretary of State may direct.

(2) The provision which may be made under this section includes, in particular, provision for—

(a) the making of payments towards the provision of superannuation benefits;

(b) establishing and administering one or more schemes for the provision of such benefits;

(c) the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.

(3) Different provision may be made under this section for different cases.

(4) The Authority’s function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(5) The standing orders of the Assembly must include provision for the publication of every determination under this section.

(6) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

(7) A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.

27 Publication of information about remuneration paid. E+W+S

The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 and 26 above for each financial year.

Supplementary provisions E+W+S

28 Declaration of acceptance of office. E+W+S

(1) A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—

(a) he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and

(b) within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.

(2) If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.

(3) The declaration shall be made before—

(a) two members of the Assembly;

(b) the proper officer of the Authority;

(c) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or

(d) a commissioner appointed to administer oaths in the Supreme Court.

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.

(5) In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.

(6) An order made by virtue of subsection (5) above may (in particular) make provision—

(a) permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;

(b) authorising any person specified or described under paragraph (a) above to take declarations;

(c) requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and

(d) requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.

(7) No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.

(8) Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.

(9) This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.

Commencement Information

I5 S. 28 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 28 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2

29 Interpretation of Part I. E+W+S

In this Part, except where the context otherwise requires—

• constituency returning officer means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the M16 People Act 1983);

• constituency vote has the meaning given by section 4(1)(b) above;

• elector has the same meaning as in the Representation of the M17 People Act 1983 (see section 202(1) of that Act);

• F5 . . .

• Greater London returning officer means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the M18 People Act 1983 (returning officer at elections of Mayor and London members);

• local government elector means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

• F6 . . .

• London vote has the meaning given by section 4(1)(c) above;

• mayoral vote has the meaning given by subsection (1)(a) of section 4 above (as read with subsection (3) of that section);

• registered political party has the meaning given by section 4(11) above;

• F7 . . .

• vote and voter have the same meaning as in the Representation of the M19 People Act 1983 (see section 202(1) of that Act).

Textual Amendments

F5 Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F6 Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

F7 Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2

Modifications etc. (not altering text)

C4 S. 29 modified (7.3.2000) by S.I. 2000/308, art. 3

Marginal Citations

M16 1983 c. 2.

M17 1983 c. 2.

M18 1983 c. 2.

M19 1983 c. 2.